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Plaintiff, Appellant
Hyundai Industrial Development Co., Ltd. (Bae & Yang LLC, Attorneys Lee Dong-jin et al., Counsel for the plaintiff-appellant)
Defendant, appellant and appellant
Korea
Conclusion of Pleadings
October 14, 2014
The first instance judgment
Seoul Administrative Court Decision 2013Guhap53851 Decided June 5, 2014
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of claim
The defendant shall pay to the plaintiff 10,861,851,886 won with interest rate of 20% per annum from the day after the delivery of a copy of the complaint of this case to the day of complete payment.
2. Purport of appeal
In the judgment of the court of first instance, the part against the defendant is revoked and the plaintiff's claim corresponding to the above revoked part is dismissed (the defendant stated in the petition of appeal that he seeks revocation of the judgment of the court of first instance, but it appears to the purport that he only seeks revocation of the part against the defendant among the judgment of the court of first instance in light of the grounds for appeal, and the plaintiff did not appeal against the judgment of the court of first instance
Reasons
1. Quotation of judgment of the first instance;
The reasoning for the court’s explanation on this case is as stated in the part of the judgment of the court of first instance, except that “If so, the plaintiff’s claim is reasonable, and thus, the plaintiff’s claim of this case shall be accepted within the scope of recognition above, and the remaining claim shall be dismissed as it is without merit.” Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, as it is, pursuant to the main text of Article 420 of the Civil Procedure Act.
2. Conclusion
Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. The judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges Lee Jong-hun (Presiding Judge) (Presiding Judge)